Richard M. Bogoroch's Publications

As part of the OTLA Long Term Disability Conference in 2013, this article on mediation strategies was prepared. Slaying the LTD Dragon Over 20 years ago, in response to an inefficient civil justice system, escalating legal fees, and long and…

Published in the 2013 Legal Resource Guide from Canadian Lawyer magazine Litigating a medical negligence or malpractice claim is complex and risky. These lawsuits are vigorously defended and supported by the Canadian Medical Protective Association (CMPA), so it's essential to contact an…

Expert evidence is critical to the outcome of a personal injury case. As the reliance on expert witnesses in litigation increases, new and enhanced techniques are required to communicate complex issues to the trier of fact. Because expert testimony is…

Introduction Overview of Housekeeping Claims, The Pre-McIntyre Approach The right of an injured plaintiff to advance a claim for loss of housekeeping capacity is well established in Canadian law. In the Supreme Court of Canada decision of Peter v. Beblow1,…

Costs are an often overlooked aspect of civil litigation until the time comes to negotiate settlement. However, there are many occasions during the course of litigation, from the time the lawsuit is commenced to the motions stage and during trial…

This article, featured in The Lawyers Weekly, discusses how the Ontario Superior Court of Justice recently concluded that the province’s rules allowing judges to discharge juries in civil actions do not infringe the Charter.   The Ontario Superior Court of…

Few medical diagnoses have engendered as much controversy as fibromyalgia. Among doctors, lawyers and health care professionals, lines have been drawn as to the existence of this condition. As a lawyer who represents fibromyalgia survivors and their families, I can…

This paper reviews the framework for acting for persons under disability and to assist counsel and the insurer in understanding the myriad rules and procedures which inform and govern this aspect of the law. Review this article for more information…